2023-0106
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
RESOLUTION NO. ___________
Title
A resolution authorizing the Parish of St. Charles (herein referred to as this “Governmental Unit”) to join with the State of Louisiana and other local governmental units as a participant in the LOUISIANA STATE-LOCAL GOVERNMENT OPIOID LITIGATION MEMORANDUM OF UNDERSTANDING (the “MOU”) and any subsequent formal agreements necessary to implement the MOU, including but not limited to, execution of the Settlement Participation Forms of the National Settlement Agreements, releases, and other documentation approved by Counsel.
Body
WHEREAS, the Parish of St. Charles has suffered harm from the opioid epidemic; and,
WHEREAS, the Parish of St. Charles recognizes that the entire State of Louisiana has suffered harm as a result from the opioid epidemic; and,
WHEREAS, the State of Louisiana has a pending action in state court, and a number of Louisiana Cities and Parishes have also filed actions either in state court or have been transferred to the action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and the Parish of St. Charles is a litigating participant in that action; and,
WHEREAS, the State of Louisiana and lawyers representing certain various local governments, including the Parish of St. Charles, involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and,
WHEREAS, the Louisiana Memorandum of Understanding (the “MOU”) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the MOU will be entered into at a future date; and,
WHEREAS, participation in the MOU by a large majority of Louisiana cities and parishes will materially increase the amount of funds to Louisiana and should improve Louisiana’s relative bargaining position during additional settlement negotiations; and,
WHEREAS, failure to participate in the MOU will reduce funds available to the State, the Parish of St. Charles, and every other Louisiana city and Parish; and,
WHEREAS, this Governmental Unit has previously executed the MOU and it is in the best interest of the Governmental Unit and its citizens in that such plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic; and,
WHEREAS, Stephen M. Gelé and/or Scott Sternberg have been designated as counsel who have been expressly authorized to execute the MOU in substantially the form described.
THE ST. CHARLES PARISH COUNCIL HEREBY RESOLVED:
SECTION I. That this Governmental Unit hereby reaffirms its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the MOU.
SECTION II. That Parish President Matthew Jewell is hereby authorized to execute any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the MOU and this resolution, including, but not limited to, the Subdivision Settlement Participation Forms in the National Settlement Agreement, Releases, and other appropriate documents as recommended by above counsel.
SECTION III. That the Council Secretary be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption.
SECTION IV. The Council Secretary is hereby directed to furnish a certified copy of this Resolution to: Attorney General Jeff Landry, Post Office Box 94005, Baton Rouge, LA 70804.
SECTION V. This Resolution shall take effect immediately upon its adoption.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this _______ day of _____________, 2023, to become effective immediately upon adoption.
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED : DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: